Extract to table

2014), the Federal Circuit reinforced the SSPPU requirement, holding that a damages expert must "carefully tie proof of damages to the claimed invention's footprint in the market place" and must "apportion the defendant's profits and the patentee's damages between the patented feature and the unpatented features

The court held that "the base used in a running royalty calculation can always be the value of the entire commercial embodiment, as long as the magnitude of the rate is within an acceptable range (as determined by the evidence)," but emphasized that the selection of royalty base and rate must be grounded in evidence, not speculation

The CSIRO court emphasized that the overriding requirement is that the damages calculation must "be carefully tied to the claimed invention's footprint in the market place" and must not result in a damages award that exceeds the value attributable to the patented technology